MBA Operations Policy #10: MBA Hearings

This content is part of a public comment period. For more information, refer to Minnesota Board on Aging – State Plan on Aging.

Authority Reference	OAA, Sec. 305 (b)(5)(C), 306 (f) and 307(a)(5) Minnesota Statutes Chapter 13D
Operating Category	MBA Operations

Policy

1. The MBA shall provide an opportunity for a hearing:

A. To an AAA if the MBA disapproves the Area Plan or Plan amendment submitted by an AAA.

B. To an AAA when the MBA proposes to withhold a portion or the totality of an AAA’s funds for material failure to comply with federal or state laws or MBA policies, including Area Plan requirements, after attempting to work through a Corrective Action Plan.

C. To any service provider or applicant to provide services under an Area Plan except for routine administrative actions within the purview of the AAA.

D. To any applicant for designation as a PSA or AAA designation whose application is denied by the MBA.

E. When the MBA designates a new PSA, otherwise affects the boundaries of PSAs, or withdraws an AAA designation after attempting to work through a Corrective Action Plan.

Procedures

1. When the MBA proposes to take an action for items (a) through (e) above after a vote of the full Board, it will provide a notice of action 10 calendar days prior to taking the action (except in the case of withdrawal of AAA designation, which is 90 calendar days before the effective date of the withdrawal). In the notice of action, the MBA shall describe the action, the reason the action is being taken, and the opportunity to request and have a hearing as described below.

2. State hearing procedures:

A. AAAs, applicants for PSA designation, applicants for AAA designation, service providers, or applicants to provide services, may request a hearing.

· i. The request must be made in writing to the MBA Executive Director within 10 calendar days of receiving the MBA or AAA decision, whichever is the decision-making agency. In the request, the applicant for the hearing should describe the adverse action taken; by whom the action was taken; and their reasons for believing the decision to be in error.

· ii. Only the entity which is the subject of the proposed action may request a hearing.

· iii. If the entity does not request a hearing within 10 calendar days, the MBA’s proposed action communicated in the notice of action shall take effect.

B. Within seven calendar days of receipt of the written request for a hearing, the MBA will schedule a date, time, and location for the hearing. The MBA must provide all parties with at least seven calendar days of notice for the hearing. MBA hearings are public meetings subject to Minnesota Statutes Chapter 13D.

C. Within 45 days of receiving the written request for a hearing, the MBA shall hold a public hearing to examine the disagreement presented by the adversely affected party. The public hearing shall be conducted by a hearing panel comprised of seven to nine members appointed from among MBA members by the MBA Chair. If an MBA action is being contested, the hearing panel must include both members of the committee that recommended the action as well as members not serving on that committee. The hearing panel must also include at least the MBA Chair or a Vice Chair. The hearing shall consider procedural grounds and issues related to the merits of the case.

D. Prior to the public hearing, the MBA shall request a written response from the AAA or the Chair of the MBA committee that recommended the action. This statement, along with the request for the hearing and any other written documentation, will be shared with hearing panel members in advance of the hearing for their review.

E. At the public hearing, the MBA hearing panel shall hear and review relevant facts and testimony from the adversely affected party. The AAA shall also present testimony and facts, if an action of the AAA is the subject of the hearing. If an action by the MBA is the subject of the hearing, the MBA shall be represented by the Chair of the Committee that recommended the action to the full Board, or that Chair’s designee. Affected AAAs, service providers, and older people may also present testimony in cases involving issues listed in items 1.d and 1.e above. Members of the hearing panel may ask questions of those presenting relevant facts and testimony.

F. The hearing panel shall make a recommendation for a decision by the MBA.

G. The MBA shall accept or reject the recommendation and make a decision at its earliest possible opportunity.

H. Within 10 calendar days of the action taken by the MBA, the MBA shall notify the parties in writing of their decision. The decision shall address whether the MBA or AAA followed official policies and procedures of the awarding agency including applicable federal and state requirements. That notice shall also include information about the availability of an appeals process to the Departmental Appeals Board of the U.S. Department of Health and Human Services for applicants for PSA designation whose application was denied and for AAAs whose AAA designation was withdrawn. See the Departmental Appeals Board website for more information.

I. The MBA, or the AAA if a hearing was held related to a decision of the AAA, may move forward with implementing its decision immediately following providing written notice to the party who requested a hearing.